205 CMR 139.04
Reports and Information to Be Filed with the Commission
The following reports and information shall be filed with the commission, or its designee,
in the manner and time provided:
(1) Pursuant to M.G.L. c. 23K, § 21(a)(12), a detailed annual, and at other times as directed by
the commission, statistical report on the number, job titles, benefits, race, gender, veteran status,
and salaries of employees hired and retained in employment at the gaming establishment.
Mass. Register #1375 10/5/18
139.04: continued
(2) Pursuant to M.G.L. c. 23K, § 21(a)(23), on a quarterly basis, a detailed statistical report, on
the number, gender, race, and veteran status of individuals hired to perform labor as part of the
construction of the gaming establishment. For purposes of 205 CMR 139.04(2), the term
“construction” shall, unless the context clearly requires otherwise, include all major stages of
design and construction; including all permitting and approvals, design deliverables, site
preparation, foundation, structure, plumbing, electrical, mechanical, exterior finish and
fenestration, long lead items, insulation, interior finish and furnishings and landscaping, building
commissioning and commissioning of gaming equipment and information technology systems;
and shall further include the initial and subsequent periods in which any structures upon a
licensee’s gaming establishment are altered, converted, fitted out, commissioned, renovated,
repaired, maintained, demolished, decommissioned, or dismantled by through utilization of net
gaming revenue in accordance with the capital expenditure plan under 205 CMR 139.09.
(3) Pursuant to M.G.L. c. 23K, § 21(a)(24) and 205 CMR 135.00: Monitoring of Project
Construction and Licensee Requirements, a detailed annual, and at other times as directed by the
commission, statistical report on the total dollar amounts contracted with and actually paid to
minority business enterprises, women business enterprises and veteran business enterprises in:
(a) Design contracts;
(b) Construction contracts (as the term “construction” is defined in accordance with
205 CMR 139.04(2)); and
(c) Contracts for every good and service procured by the gaming establishment.
The annual statistical report shall also identify the amounts so contracted as a percentage of
the total dollar amounts contracted with and actually paid to all firms.
(4) Pursuant to M.G.L. c. 23K, § 23(a) on an annual basis, and at other times as directed by the
commission, a report explicitly stating the gaming licensee’s progress on meeting each of the
stated goals and stipulations put forth in its RFA-2 application, including compliance with any
executed impacted live entertainment venue agreements;
(5)
Reports prescribed in accordance with 205 CMR 138.05(2) relative to registered and
licensed employees;
(6) Daily, monthly, and annual gross gaming revenue remittance and reconciliation reports
required in accordance with 205 CMR 140.00: Gross Gaming Revenue Tax Remittance and
Reporting. Monthly gross gaming revenue reports shall include statistics relative to the
drop/handle, win or loss, and win or loss percentage relative to slot machines played in the
gaming establishment for the month. The commission shall make the monthly slot machine
payback statistics publicly available on its official website.
(7) Promptly upon discovery, the gaming licensee shall notify the commission’s on-site gaming
agent and/or member of the Gaming Enforcement Unit assigned to the gaming establishment of
any violation, or suspected violation, of M.G.L. c. 23K, 205 CMR, and/or any gaming related
law and file any requested written report.
(8) By the tenth day of each month, an underage person report with the IEB containing the
information required in accordance with 205 CMR 150.05: Reporting Requirements Related to
Minors and Underage Persons.
(9) A gaming licensee shall promptly notify the commission’s on-site gaming agent and/or
member of the Gaming Enforcement Unit assigned to the gaming establishment, if an individual
on the voluntary self-exclusion list established in accordance with 205 CMR 133.00: Voluntary
Self-exclusion is found in the gaming area of a gaming establishment or any area in which
pari-mutuel or simulcasting wagers are placed.
(10) Any declared event of default related to any debt obligation maintained by the gaming
licensee, affiliate, holding company or intermediary company thereof shall be immediately
reported to the commission, in writing, along with any plans to address or cure such default.
(11) Quarterly reports of the gaming licensee in accordance with 205 CMR 139.06.
139.04: continued
(12) If the gaming licensee elects to establish a capital expenditure plan in accordance with
M.G.L. c. 23K, § 21(a)(4) and 205 CMR 139.09, in lieu of making annual improvements to its
gaming establishment, such plan shall be submitted to the commission for approval and updates
included in the gaming licensee's quarterly report in accordance with 205 CMR 139.06.
(13) Documents and other materials required to be submitted in accordance with the terms of
the gaming licensee's gaming license.
(14) A gaming licensee's system of internal controls approved in accordance with 205 CMR
138.02: Licensee's System of Internal Controls, amendments thereto, and any documents or
information required to be submitted in accordance with the approved system of internal
controls.
(15) Analysis reports which, by each slot machine/electronic gaming device, compare actual
payout percentages by month to theoretical payout percentages as established in accordance with
205 CMR 143.01(1). See GLI 13, § 3.4.2(d).
(16)
A daily meter drop comparison report and export file, in a format prescribed by the
commission, submitted after appropriate financial meter or accounting adjustments have been
made, which contains the following information relative to each slot machine in use in the
gaming establishment: the location of the slot machine, the state identification number, the venue
identification number, a field that represents the metered gross gaming revenue figure, and a
field that represents the gross gaming revenue that is determined after the drop process. These
two GGR fields must represent amounts at the time of the drop. See GLI 13, § 4.4.2.
(17) A daily gaming day summary report, in a format prescribed by the commission, submitted
after appropriate financial meter or accounting adjustments have been made, which contains the
following information relative to each slot machine in use in the gaming establishment: the
location of the slot machine, the state identification number, the venue identification number,
total cash wagered, total cash won, total promotional gaming credits played, the gross gaming
revenue figure. See GLI 13, § 3.4.2(f).